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d he has no lawfull authority; whilst force; and not choice; compels them to submission。
Sec。 190。 Every man is born with a double right: first; a right of freedom to his person; which no other man has a power over; but the free disposal of it lies in himself。 Secondly; a right; before any other man; to inherit with his brethren his father's goods。 Sec。 191。 By the first of these; a man is naturally free from subjection to any government; tho' he be born in a place under its jurisdiction; but if he disclaim the lawful government of the country he was born in; he must also quit the right that belonged to him by the laws of it; and the possessions there descending to him from his ancestors; if it were a government made by their consent。 Sec。 192。 By the second; the inhabitants of any country; who are descended; and derive a title to their estates from those who are subdued; and had a government forced upon them against their free consents; retain a right to the possession of their ancestors; though they consent not freely to the government; whose hard conditions were by force imposed on the possessors of that country: for the first conqueror never having had a title to the land of that country; the people who are the descendants of; or claim under those who were forced to submit to the yoke of a government by constraint; have always a right to shake it off; and free themselves from the usurpation or tyranny which the sword hath brought in upon them; till their rulers put them under such a frame of government as they willingly and of choice consent to。 Who doubts but the Grecian Christians; descendants of the ancient possessors of that country; may justly cast off the Turkish yoke; which they have so long groaned under; whenever they have an opportunity to do it? For no government can have a right to obedience from a people who have not freely consented to it; which they can never be supposed to do; till either they are put in a full state of liberty to chuse their government and governors; or at least till they have such standing laws; to which they have by themselves or their representatives given their free consent; and also till they are allowed their due property; which is so to be proprietors of what they have; that no body can take away any part of it without their own consent; without which; men under any government are not in the state of freemen; but are direct slaves under the force of war。 Sec。 193。 But granting that the conqueror in a just war has a right to the estates; as well as power over the persons; of the conquered; which; it is plain; he hath not: nothing of absolute power will follow from hence; in the continuance of the government; because the descendants of these being all freemen; if he grants them estates and possessions to inhabit his country; (without which it would be worth nothing) whatsoever he grants them; they have; so far as it is granted; property in。 The nature whereof is; that without a man's own consent it cannot be taken from him; Sec。 194。 Their persons are free by a native right; and their properties; be they more or less; are their own; and at their own dispose; and not at his; or else it is no property。 Supposing the conqueror gives to one man a thousand acres; to him and his heirs for ever; to another he lets a thousand acres for his life; under the rent of 501。 or 5001。 per arm。 has not the one of these a right to his thousand acres for ever; and the other; during his life; paying the said rent? and hath not the tenant for life a property in all that he gets over and above his rent; by his labour and industry during the said term; supposing it be double the rent? Can any one say; the king; or conqueror; after his grant; may by his power of conqueror take away all; or part of the land from the heirs of one; or from the other during his life; he paying the rent? or can he take away from either the goods or money they have got upon the said land; at his pleasure? If he can; then all free and voluntary contracts cease; and are void in the world; there needs nothing to dissolve them at any
time; but power enough: and all the grants and promises of men in power are but mockery and collusion: for can there be any thing more ridiculous than to say; I give you and your's this for ever; and that in the surest and most solemn way of conveyance can be devised; and yet it is to be understood; that I have right; if I please; to take it away from you again to morrow? Sec。 195。 1 will not dispute now whether princes are exempt from the laws of their country; but this I am sure; they owe subjection to the laws of God and nature。 No body; no power; can exempt them from the obligations of that eternal law。 Those are so great; and so strong; in the case of promises; that omnipotency itself can be tied by them。 Grants; promises; and oaths; are bonds that hold the Almighty: whatever some flatterers say to princes of the world; who all together; with all their people joined to them; are; in comparison of the great God; but as a drop of the bucket; or a dust on the balance; inconsiderable; nothing! Sec。 196。 The short of the case in conquest is this: the conqueror; if he have a just cause; has a despotical right over the persons of all; that actually aided; and concurred in the war against him; and a right to make up his damage and cost out of their labour and estates; so he injure not the right of any other。 Over the rest of the people; if there were any that consented not to the war; and over the children of the captives themselves; or the possessions of either; he has no power; and so can have; by virtue of conquest; no lawful title himself to dominion over them; or derive it to his posterity; but is an aggressor; if he attempts upon their properties; and thereby puts himself in a state of war against them; and has no better a right of principality; he; nor any of his successors; than Hingar; or Hubba; the Danes; had here in England; or Spartacus; had he conquered Italy; would have had; which is to have their yoke cast off; as soon as God shall give those under their subjection courage and opportunity to do it。 Thus; notwithstanding whatever title the kings of Assyria had over Judah; by the sword; God assisted Hezekiah to throw off the dominion of that conquering empire。 And the lord was with Hezekiah; and he prospered; wherefore he went forth; and he rebelled against the king of Assyria; and served him not; 2 Kings xviii。 7。 Whence it is plain; that shaking off a power; which force; and not right; hath set over any one; though it hath the name of rebellion; yet is no offence before God; but is that which he allows and countenances; though even promises and covenants; when obtained by force; have intervened: for it is very probable; to any one that reads the story of Ahaz and Hezekiah attentively; that the Assyrians subdued Ahaz; and deposed him; and made Hezekiah king in his father's lifetime; and that Hezekiah by agreement had done him homage; and paid him tribute all this time。
CHAP。 XVII。